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Questions Answered by Scott Richard Kaufman
5 Answers | Asked in Consumer Law and Contracts for California on
Q: Will an unused Life Insurance Policy expire without monetary value? The company says it can't even be surrendered.

The policy is set to expire 3/20/23. It was purchased in 1981 and was never in arrears.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 27, 2023

There were (40 yrs ago when I sold life insurance for a living) two kinds of policies. That's changed I'm sure, over the years, to add some hybrids and more? Anyhow the two basic types of policies WERE

1- Whole Life

2- Term Insurance

No. 1 above would/should...
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3 Answers | Asked in Consumer Law for California on
Q: My 2 year old car no longer works and no warranty,32,000 miles.

I bought the car from a Lexus dealership December 2022, it's a 2021 Nissan Rogue SL with 32,000 miles. I traded in my paid off 2023 KIA Soul, they gave me $22,000 for it and I had to put down a extra $2,000 so all together was $24,000 as a down payment for this Rogue, I needed something... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 30, 2023

You may be in luck. Based on the year of your car and the mileage, there is a very good chance you have a warranty. The bumper to bumper will usually go at least 3 yrs and 36K miles. The powertrain, can often go up to 100K. Get in touch with NISSAN right away...

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for California on
Q: Is it really illegal to sell a used car with open recalls?

I purchased a used 2021 Nissan SUV from a Lexus dealership. It had under 32,000 miles so I still had a transferable dealer warranty from Nissan. I’m currently at the Nissan dealership to get some service done on the car and two major open recalls popped up that are 4 months old. Passenger air bag... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 12, 2023

It is unlawful to sell a NEW car with an open recall. It is negligent, unfair, misleading and perhaps more depending on who said what and when, to sell a USED car with an open recall. In law school and "Judge" school, we learn that finding in favor of a contract being enforceable keeps... View More

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1 Answer | Asked in Consumer Law and Banking for California on
Q: My credit card issuer has stopped sending me monthly statements and bills, actually all correspondence and is now is cha

rging me interest and fees for unpaid bills. What is my recourse?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 31, 2022

AND almost assuredly dinging your credit score too.

Talk to an attorney who handles this type of issue,

either FCRA or FDCPA or both...

1 Answer | Asked in Consumer Law for California on
Q: Is Assurant in the wrong?

My husband has an account with T-Mobile . We have two identical Samsung phones that are completely paid off. He pays for insurance on them through t mobiles insurance company Assurant . In mid October my phone screen had gotten broke and my husband made a claim for a replacement . When he did this... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 16, 2022

I'm sorry for your issues. Your post is unclear to me.

They are asking allegedly to see the phone the claim was made under?

You have a 'scrivner's' error, where the wrong phone number was used?

T-Moile, I've had for about 20 years, has USUALLY...
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1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for California on
Q: My apartment refuses to issue me a receipt of a one-time settlement fee. Is this a violation to this code?

I moved from one unit to another in the same apartment and paid a one-time settlement fee for the transfer. They are telling me to inquire regarding the receipt to the bank that I remitted this payment from and just doesn’t make sense why a bank in which processed a payment would issue a receipt... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 14, 2022

A copy of your check should be good enough to expense it.

In my opinion:

The management most likely is not wanting to give you a receipt

because they do not want a written trail, ie, they are likely either

avoiding paying taxes on it, OR not telling the real LL they...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: What are my rights for a rental car cancellation if my flight was cancelled and had to fly into another state?

I booked a car rental through Expedia and during our connection flight on United Airline, we were advised our flight into Baltimore, MD from San Francisco was cancelled until the following day. They were able to put us on another flight but it landed in Newark, NY. I called Expedia and the lady... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 6, 2022

The base solely on your post and assuming all facts to be accurate and true then you have to read the agreement you signed with the rental car company or the online site and that we generally cover your rights. That said if the airline caused this then the airline should give you a little bit of a... View More

1 Answer | Asked in Consumer Law for California on
Q: What are the steps I find out my vehicle had body damage and the dealer didn’t tell me about it

The car had damaged underneath I didn’t see until 4 months after I bought the car

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 5, 2022

Have it looked at by a professional body shop. Should cost no more than 100.00 to do so.

Then, if it is a 'real' problem, contact dealer in writing. Then, if they do not agree to help,

which is virtually every time, contact an attorney.

2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a pre-owned vehicle with time remaining on the New Vehicle Warranty but denied coverage by a service center.

The New Vehicle Warranty is transferable. I participated in an arbitration and the manufacturer was ordered to repair the car. The manufacturer has blacklisted the car, preventing any service done to the car including recall repairs, can't even make a service appointment. Since I've... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 10, 2022

You have quite a few issues here in your post. There are quite a few legal issues as well that relate. The biggest issue right now is there's a recent case in California that says used cars are no longer covered by the lemon law. A good lemon law attorney can probably find a way around that... View More

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3 Answers | Asked in Consumer Law, Criminal Law and Banking for California on
Q: Citibank refuses to return my $1285.00 after my account was hacked.

On 12/23/23, my mother had her Social Security retirement check for $1285.00 taken out of her bank. They denied her any chance of getting it back stating it was fraud so it was denied. Her other check for roughly $146.00 was also kept even though it came in afterwards. She lives check to check and... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 16, 2024

As Mr. Bayer notes, it is unclear here who even took the money, was it the bank?

IF so, THEY have a huge problem. IF not, they may STILL have a problem, maybe?

I think you seek an elder abuse attorney for more input/direction.

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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Do I need to use a CA lawyer to sue someone in LA County? I live in Oregon.

I inherited two animation cels (one each of Tom and Jerry) in one frame. I sent them to an animation restoration specialist in Westlake Village, LA County. Estimate to fix and frame them was six months. He has had them for three years despite phone calls and letters asking him to return them. The... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 16, 2024

No, but, if you sue in a court of law, NOT small claims, then you will need an attorney, unless you represent yourself, as you would in small claims, that is a member of the CA bar...

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2 Answers | Asked in Consumer Law and Real Estate Law for California on
Q: Mortgage company says I owe a deferred principle balance on a 2nd Loan that has already been paid

We did a partial claim coming off a forbearance plan a year ago. We got this balance paid by CA Mortgage Relief Fund. My mortgage company still has this amount reflected as a deferred principle balance on a second loan even tho it was transferred to HUD and was paid for. I am in the process of... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 12, 2024

when it comes to ANYTHING relating to Real Property and the value of same and the potential loss of same, you need to NOT come to a free web site for input/advice but to hire a known professional in this area of law to make sure your arguments are done correctly AND if not and you suffer some later... View More

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: I deposited cash into a used car dealership account for a car BUT DID NOT TAKE DELIVERY NOR SIGNED ANY DOCUMENTS

now I want to cancel for a full refund

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 12, 2024

Like all things 'legal' the answer is a definite maybe. IF the seller is a state licensed dealer, they can get into serious trouble by skirting rules required to be followed in selling an automobile in CA. IF it is a private party you have other issues that may come up. Good luck with it...

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3 Answers | Asked in Consumer Law for California on
Q: Do/will you go after unfair and deceptive merchants? How does the consumer force a merchant to follow the law?

Fraud against consumer

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 4, 2023

One uses the CLRA which is found at CA civil code sections 1750 through 1784ish?

Good luck with it.

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3 Answers | Asked in Products Liability and Personal Injury for California on
Q: My daughter who lives in California purchased a product in Oregon and was injured in Oregon upon attempting to use the

product ? Should we get a Products Liability attorney in California or Oregon ?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 21, 2023

The general rule is the case belongs where the injury occurred. Like most things legal, exceptions apply. Here's hoping your daughter is OK.

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2 Answers | Asked in Consumer Law, Contracts and Construction Law for California on
Q: hired contractor to convert garage to additional dwelling unit and patio enclosedbut patio enclossed was never built

hired contractor to convert garage to additional dwelling unit and obtain patio cover permit which existed before I bought the house contractor offered to build new patio enclosed instead of obtaining permit of existing patio cover

with $35,000 higher qoute than other contractors. I signed... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 21, 2023

can I recover attorney cost from defendant after I win?

can I recover attorney cost from defendant IF I WIN?

Maybe? Hire an attorney to review all related documents first.

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2 Answers | Asked in Consumer Law for California on
Q: A mechanic told me $6000 would fix my car. I paid, it is still broken. They want 11500 more to fix it now. Is that legal

I was assured that the pricey 6k fix was all it needed. Paid cash, picked it up and it broke down an hour later (after they had it for over a week) with same exact symptoms I had taken it in for.

They sent a tow truck and picked up me and the car where it broke down, had it for a week and... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 7, 2023

You want to speak to a lemon law attorney asap and you also want to make a complaint with the bureau of automotive repair...

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3 Answers | Asked in Insurance Bad Faith, Consumer Law, Contracts and Construction Law for California on
Q: I hired a licensed plumber to repipe my condo. His workers set fire to my house and the damage is bad! What happens next

The actual plumber I hired was not present on the day the work was done. His workers had no one overseeing their work. They burned my entire wall down to charred 4x4s and the fire damaged my neighbors walls and attic as well. The workers left a mess of burned debris and a disaster of the house... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 21, 2023

To me, talk to your insurance carrier asap and they will/should fix and IF they want to chase the bad guys they can?

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4 Answers | Asked in Consumer Law and Contracts for California on
Q: Optional add ons were added without consent

I finance a vehicle 7/31/23 the next day i printed out my contract and notice some errors i went to the dealership and requested them to be removed GAP paint protection VSI the finance person claimed this were required. They are violating the FTC . Also they are Misrepresenting credit score giving... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 11, 2023

I concur with the other two legal eagles. I further note that you can cancel some of this stuff, whether they like it or not, and here is the cite that lists it:

https://www.dca.ca.gov/publications/legal_guides/m_1.shtml

Good luck with it

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2 Answers | Asked in Consumer Law for California on
Q: I signed a auto loan for a friend who is not making payments. What can i do to get this out of my name

He drives the car, pays for insurance, holds car at his house. He hasnt paid 3 months worth

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 14, 2023

Hard to imagine they needed you to co sign as your friend's credit was not good enough and they will now, once they have you obligated for the loan, let you out? Best move, IF possible, I'd say, is SELLING it if you can...

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